Pennsylvania Lemon Law Firms:
This is a list of law firms that are registered as specializing in Pennsylvania lemon law cases.

Pennsylvania Statutes Annotated, Title 73, §§ 1951-1963

1951 Short title.

This act shall be known and may be cited as the Automobile Lemon Law.

1952 Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Dealer" or "motor vehicle dealer."

A person in the business of buying, selling or exchanging vehicles.

"Manufacturer."

Any person engaged in the business of constructing or assembling new and unused motor vehicles or engaged in the business of importing new and unused motor vehicles into the United States for the purpose of selling or distributing new and unused motor vehicles to motor vehicle dealers in this Commonwealth.

"Manufacturer's express warranty" or "warranty."

The written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.

"New motor vehicle."

Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased and is registered in the Commonwealth and is used or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.

"Nonconformity."

A defect or condition which substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer's express warranty.

"Purchaser."

A person, or his successors or assigns, who has obtained ownership of a new motor vehicle by transfer or purchase or who has entered into an agreement or contract for the purchase of a new motor vehicle which is used or bought for use primarily for personal, family or household purposes.

1953 Disclosure.

The Attorney General shall prepare and publish in the Pennsylvania Bulletin a statement which explains a purchaser's rights under this law. Manufacturers shall provide to each purchaser at the time of original purchase of a new motor vehicle a written statement containing a copy of the Attorney General's statement and a listing of zone offices, with addresses and phone numbers, which can be contacted by the purchaser for the purpose of securing the remedies provided for in this act.

1954 Repair obligations.

(a) Repairs required. The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.

(b) Delivery of vehicle. It shall be the duty of the purchaser to deliver the nonconforming vehicle to the manufacturer's authorized service and repair facility within the Commonwealth, unless, due to reasons of size and weight or method of attachment or method of installation or nature of the nonconformity, such delivery cannot reasonably be accomplished. Should the purchaser be unable to effect return of the nonconforming vehicle, he shall notify the manufacturer or its authorized service and repair facility. Written notice of nonconformity to the manufacturer or its authorized service and repair facility shall constitute return of the vehicle when [the] purchaser is unable to return the vehicle due to the nonconformity. Upon receipt of such notice of nonconformity, the manufacturer shall, at its option, service or repair the vehicle at the location of nonconformity or pick up the vehicle for service and repair or arrange for transporting the vehicle to its authorized service and repair facility. All costs of transporting the vehicle when [the] purchaser is unable to effect return, due to nonconformity, shall be at the manufacturer's expense.

1955 Manufacturer's duty for refund or replacement.

If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchaser's use of the vehicle not exceeding the per mile driven or 10% of the purchase price of the vehicle whichever is less. Refunds shall be made to the purchaser and lien holder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer. In the event the consumer elects a refund, payment shall be made within 30 days of such election. A consumer shall not be entitled to a refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.

1956 Presumption of a reasonable number of attempts.

It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:

1. the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or

2. the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.

1957 Itemized statement required.

The manufacturer or dealer shall provide to the purchaser each time the purchaser's vehicle is returned from being serviced or repaired a fully itemized statement indicating all work performed on said vehicle including, but not limited to, parts and labor. It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity within seven days of the delivery by a purchaser of a vehicle subject to a nonconformity when it is delivered to the same dealer for the second time for repair of the same nonconformity. The notification shall be by certified mail, return receipt requested.

1958 Civil cause of action.

Any purchaser of a new motor vehicle who suffers any loss due to nonconformity of such vehicle as a result of the manufacturer's failure to comply with this act may bring a civil action in a court of common pleas and, in addition to other relief, shall be entitled to recover reasonable attorney's fees and all court costs.

1959 Informal dispute settlement procedure.

If the manufacturer has established an informal dispute settlement procedure which complies with the provisions of 16 CFR Pt. 703, as from time to time amended, the provisions of section 8 shall not apply to any purchaser who has not first resorted to such procedure as it relates to a remedy for defects or conditions affecting the substantial use, value or safety of the vehicle. The informal dispute settlement procedure shall not be binding on the purchaser and, in lieu of such settlement, the purchaser may pursue a remedy under section 8.

1960 Resale of returned motor vehicle.

(a) Vehicles may not be resold.-If a motor vehicle has been returned under the provisions of this act or a similar statute of another state, it may not be resold in this State unless:

1. The manufacturer provides the same express warranty it provided to the original purchaser, except that the term of the warranty need only last for 12,000 miles or 12 months after the date of resale, whichever is earlier.

2. The manufacturer provides the consumer with a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:

"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY AND THE NON-CONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW."

The provisions of this section apply to the resold motor vehicle for the full term of the warranty required under this subsection.

(b) Returned vehicles not to be resold.-Notwithstanding the provisions of subsection (a), if a new motor vehicle has been returned under the provisions of this act or a similar statute of another state because of a nonconformity resulting in a complete failure of the braking or steering system of the motor vehicle likely to cause death or serious bodily injury if the vehicle was driven, the motor vehicle may not be resold in this Commonwealth.

1961 Application of unfair trade act.

A violation of this act shall also be a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.

1962 Rights preserved.

Nothing in this act shall limit the purchaser from pursuing any other rights or remedies under any other law, contract or warranty.

1963 Nonwaiver of act.

The provisions of this act shall not be waived.

Put simply, the Lemon Laws stipulate that if you buy (and in most states, lease) a brand new or pre-owned car or other car covered by a manufacturer's warranty that repeatedly breaks down, and the original producer cannot rebuild it despite recurring efforts (within a fixed time that varies from state to state), or if the product is out of service for a limited time period (often 30 days) due to its shortcomings, you are eligible to a wide number of dismantles, inclusive of:

1. Monetary damages
2. A refund of the original money paid
3. A brand new vehicle
Furthermore, just about all the Lemon Laws (as well as the Federal Warranty Law) feature a fee transferring component which states that if you win your suit, the original producer or dealer that sold you the lemon is expected to compensate you for court invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the protections of each state's statute differ, the general state Lemon Law statute extends relief for consumers with a nonfunctional automobile purchased with a warranty if:

1. The car dealership or original producer just can not genuinely correct a particular gremlin in the car after a reasonable number of repair efforts (ordinarily at least three);
2. The vehicle cannot be used for at least 30 days due to flaws in the motor vehicle; or
3. The dealership or original producer just can't repair a deficiency that is a severe safety risk.

Typically, a bad automobile is a automobile with a defect or condition that often cripples its function, economic value, or safety to the consumer and doesn't conform to the written warranty. In most instances, the period of time during which the Lemon Laws are applicable are relatively short; the faults and subsequent repair attempts (or out-of-service period) generally will happen during the first two-years or 24,000 miles the owner has the car. However, a number of states have even shorter time periods. Additionally, most states have notification and activation requirements, such as expecting the consumer to send registered mail notice to the original maker of the troubles and presenting the dealer an option to correct the motor vehicle. In addition, numbers of states expect that Lemon Law cases be resolved through an arbitration program.

Generally, state Lemon Law regulation codes also apply to leased cars and preowned cars bought while under the producers factory warranty. A good number of state Lemon Laws also are applicable to cars other than passenger cars. based upon the consumer's state of residence, or the state where the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer items (such as computers)
There are a number of powerful remedies available under the Lemon Laws. U.S. statesently, if the original maker just can not fix the motor vehicle, the consumer may either demand the original maker to replace the motor vehicle, or insist the 'last to take the vehicle and return the original cost including accompanying costs, including all fees, towing charges, repair charges, associated travel costs and other costs incurred by the consumer as a result of the flaws in the vehicle. Another important relief available under most Lemon Laws is laywers' expenses. In almost all states, if you win in a Lemon Law lawsuit, you won't have to pay any laywers' fees-the motor vehicle manufacturer that sold you your lemon is expected to pay litigation fees.

The defendant car manufacturer can apply various defenses to a Lemon Law claim. The typical regulation extends that the maker is not guilty if it can verify that the shortcomings in dispute were caused by misdeed, neglect, or the modification or alteration of a motor vehicle by anybody other than the original maker, its agent, or an authorized repair facility. In different words, if the consumer abuses his or her own automobile, or the faults were a consequence of changing or adjustments executed by an unauthorized person, the original maker could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer commodities to provide customers comprehensive information about warranty coverage benefits. Additionally, it affects both the rights of public consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act doesn't require an automobile manufacturing business to supply consumers with a warranty, if a warranty is provided, the Magnuson Moss Act affords some protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing for purchasers to recover litigation costs and reasonable attorney's charges.

The Magnuson Moss Act is frequently effective in a lemon case in which, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For instance, divaricate from the rather short time offered to public consumers within most Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired as long as the troubles came about during the warranty time period. Moreover, although some Lemon Laws limit their coverage benefits to a very specific group of cars, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act may also apply if you purchased or leased a preowned car without a manufacturer's warranty, or if the car is covered by a third party agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all states. It is the prime agent of law regulating product warranties, including cars and other items. The UCC offers a legal course for customers with lemon problems.

UCC code stipulates that the consumer of a good is entitled to return products which break in any regard to the consumer agreement. In essence, if your brand new car does not function as bound by the original equipment manufacturer (your original warranty is a portion of your contract), you can have a claim citing the UCC in addition to whatever other claims you may have.

The time for rejecting a vehicle with the UCC is not limitless. If you notice a deficiency in your motor vehicle inside a sensible ownership time period, you may refuse the motor vehicle. Unfortunately, brand new cars are often technically enigmatic and you might not recognize if your car conforms to the contract till after you buy the car and troubles begin to arise. Basically, if After this ownership time you do not refuse the car, you will be deemed to have o.K.ed it and might have no claim through the UCC.

The duration of the inspection time period is not defined in the statute. Local courts determine how long the sensible review period is based on the buyer's knowledge and past experience, the buyer's difficulty in identifying the flaw, and the buyer's chance to identify the flaw.

In spite of this limit, the UCC says that in certain instances where a purchaser is stated to have approved of goods (i.e. the sensible review time has passed), a purchaser can still renounce his approval of those product where the non-conformity largely cripples the economic value of the product to him. Those examples include examples where it is toilsome to discover the nonconformity or the purchaser was ensured that the non-conformity would be repaired. In other words, the local court will relieve the purchaser from not rejecting the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks and you have to keep taking it back to the dealership for repair under the written warranty, the vehicle lemon law may be your next refuge. The failing ought to be substantial where it intereferes with your driving the car or your safety. A car stalling constantly is a substantial failing. This is precisely the type of condition that can stymie your driving and your safety. Under the motor vehicle lemon law you are not required to indicate why the car is stalling, you just have to show that it is stalling. Essentially you need to check over the lemon law in these three situations: the car keeps failing within the warranty period, the car is a safety hazard, the car dealership is incapable to restore the car when it is warranted.

If you have a car which is a lemon you can directly write to the original maker and ask for another equivalent car. If this demand is not satisfactory to the original maker, you can move into an arbitration process. A few manufacturing business* incorporate their own arbitration program. Other manufacturing business* utilize third party arbitration program such as Autoline by the BBB. The opinion of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the original maker to court.

Virtually all regulations state that the customer ought to be returned back to the financial situation they were in before they purchased the car, less the amount that the customer benefited from by using the car. To get the compensation amount several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned automobiles will qualify under basic lemon laws. For example, a pre-owned car may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be extra generous with the age and measure of mileage. Still, the car has to be sold by a dealership that provides a warranty. Individual sales aren't regulated, neither are motor vehicles sold under a stated purchase price. There may be additional restrictions to a used car lemon law such as the functions in which the car is used or the classification of car. Vintage motor vehicles, are normally excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period than brand new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing structure. Many lemon law lawyers call for a generally small retainer to cover a lemon law claim, and afterward, the lawyer's fees are sent to the manufacturer. Therefore, lemon law claims are normally very affordable to customers. The reimbursement of attorney bills differs from state to state. About half of the states allow for you to recoup your Attorney fees if you win. The lawyer's fee is based upon actual time used instead of being attached to any portion of the recuperation. In many States, you have to pay the manufacturer's attorney's charges if you lose.

Consumers ought to put their charges in writing and retain a copy. In every written correspondence, always outline how difficult it is to take the car to the car dealership for repairs and that the dependability that the owner believed He or she was buying has been non-existent. Any written correspondence with a dealership or manufacturer needs to be sent using certified postal service. In many claims the manufacturing business* claim that they haven't had the requisite number of endeavors to repair the condition. They depend on the reality that the owner does not have repair orders for each occurance they have driven the car into the dealership. They also rely on the possibility that the repair orders have different items fixed every time demonstrating that they have not repaired the same problem. Consumers ought to respond by expecting that authorized dealerships always present them a warranty repair sheet. Consumers must also debate that these undocumented visits are tries.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's booklet and warranty information thoroughly, and the info pertaining lemon law rights that you ought to get when you buy your automobile. Don't rely on your dealership to tell you which troubles are covered by warranty. If your dealership states that a problem isn't covered and you think that he is decieving you, be civil but self-assertive. Don't be scared to produce the part of the warranty that is relevant, or to call the original maker for verification using the contact info included with your owner's booklet. You shouldn't be obligated pay for corrections pertained to lemon law complaints. It's also essential to advise the original maker of a complaint promptly. If you are suspicious that your car has a defect what cannot be repaired, check into your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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